Rent Agreement Rules: Do not say ‘yes’ to every condition of the landlord, check these 8 things before taking a house on rent, otherwise you will have to go to court!

As challenging as it is to find a house on rent in a new city due to job, studies or better lifestyle, more caution has to be exercised while finalizing the terms of tenancy. Often, as soon as the tenants like the house, they hastily agree to every legitimate or illegitimate condition of the landlord without thinking.

Later on, this haste becomes the cause of mental and legal disputes like snatching the security deposit, increasing the rent without prior notice, charging unreasonable electricity bill or suddenly eviction of the house. In such cases, to avoid having to go to the police station and civil court, it is necessary that you thoroughly investigate these 8 legal and practical things before signing the rent agreement and paying the token money.

The most common dispute with tenants is regarding the return of security deposit at the time of eviction. Many landlords ask for a huge advance deposit of 6 to 11 months and later deduct a huge amount in the name of painting or normal wear and tear.

Notified by the Central Government Model Tenancy Act As per the guidelines of:

• Security Deposit Maximum for Residential Properties 2 months rent Should be equal to.

• Get a clear clause inserted in the agreement that full refund of the security deposit will be made through bank transfer within a maximum of 7 to 15 days of vacating the house without any undue deduction.

The second biggest economic exploitation in rented houses is regarding electricity rates. Many landlords charge an arbitrary amount of Rs 10 to 15 per unit from the tenant instead of the regular rate of Rs 6 to 8 per unit of the State Electricity Board by installing sub-meter on a single connection.

• Always ensure that you have a separate and functional sub-meter for your portion or flat.

• Before shifting, note down the current reading of the meter in the presence of the landlord and photograph it and attach it to the agreement.

• Ask the landlord to show the last original electricity and water bill to ensure that there are no old arrears pending.

While vacating the house, landlords often deduct the deposit by making the excuse of normal wear and tear. By law, natural fading of walls over time or normal wear and tear of taps is not considered the fault of the tenant.

Have a clear division of maintenance responsibilities in the rental agreement:

• Landlord’s Responsibilities: Major structural repairs, such as roof seepage, cracks in walls, main plumbing faults or exterior painting.

• Tenant’s Obligations: Minor expenses related to daily use, like replacement of tube light/bulb, replacement of internal switch socket or replacement of tap washer.

• On the very first day of shift, make a video recording of the rooms, tiles, fans and sanitary fittings of the entire flat and send it to the landlord as a record on email or WhatsApp.

Most rent agreements in India are made for a period of 11 months due to legal and stamp duty obligations, as agreements of 12 months or more require mandatory registration at a sub-registrar office.

• Decide in advance in the agreement what will be the maximum increase in rent if there is a renewal after the completion of 11 months (usually this is between 5% to 10% per annum).

• The landlord cannot suddenly increase the rent mid-term as per his wish. At least to increase the fare 90 days (3 months) written notice It should be legally mandatory to give.

To avoid the threat of sudden eviction, read the lock-in and notice period clauses carefully:

• Lock-in Period: If the agreement has a lock-in period of 6 months, your deposit may be forfeited if you leave the house before that. This rule should apply equally to both parties.

• Notice Period: A written notice of minimum 1 month (30 days) for vacating the house must be mandatorily included in the clause. Without giving due notice, no landlord can throw out the tenant’s belongings nor forcibly lock them.

After paying the rent, the tenant has rights over that property. Many landlords barge into the flat unannounced or make unnecessary noises, which is a legal violation of privacy.

The agreement should clearly state that:

• For inspection or repair work of the house, the landlord has to pay at least 24 hours prior notice Have to give.

• Inspection can be done only during the day and as per the convenience of the tenant.

• If there are any local society rules regarding visiting friends, relatives or late night visits, they should be made clear in writing rather than verbally.

To avoid fraud, it is important to confirm that the person to whom you are paying the rent and deposit is actually the legal owner or authorized representative of the property.

• Request the landlord to show the property ownership documents (like recent house tax receipt, electricity bill or copy of sale deed).

• If the flat is being rented out through a Power of Attorney (POA) holder or a property agent, be sure to check for a valid power of attorney signed by the original owner.

• Always transact all payments (token, advance, fare) through bank transfer (UPI/NEFT) and preserve the digital receipt of each payment.

Often people are satisfied by getting simple notarization on stamp paper of Rs 50 or Rs 100. Although a notarized agreement for 11 months is common practice, a court registered lease deed has much stronger legal weight in case of a dispute.

• The agreement must have valid ID proofs of both the tenant and the landlord and signatures of two independent witnesses.

• Police Verification: Police verification of the tenant is mandatory as per local laws and security regulations. This process protects both the tenant and the landlord from legal hassles from criminal or anti-social elements.